❖ Linguistic and Terminological Meaning of Ḥajb (Obstruction in Inheritance) and Its Types
(Excerpted from the book Islami Qanoon-e-Wirasat by Maulana Abu Nu’man Basheer Ahmad)
❖ Question:
Write the linguistic and terminological meaning of Ḥajb and its types.
❖ Answer:
Linguistic Meaning of Ḥajb:
The word “Ḥajb (حجب)” linguistically means to prevent, to block, or to veil.
Terminological Meaning of Ḥajb:
In the terminology of Islamic inheritance law, Ḥajb refers to the deprivation of an heir from their full or partial share due to the presence of another heir with a stronger or closer claim.
❖ Types of Ḥajb:
Ḥajb is categorized into two main types:
➊ Ḥajb Nuqṣān (Obstruction of Reduction):
This occurs when an heir’s share is reduced due to the presence of another heir.
✿ Example:
A husband inherits one-half of the estate if the deceased has no children, but if there are children, his share is reduced to one-fourth.
☞ This type of Ḥajb applies to only five individuals:
➤ Husband
➤ Wife
➤ Mother
➤ Granddaughter (son’s daughter)
➤ Paternal Sister
➋ Ḥajb Ḥirmān (Obstruction of Deprivation):
This occurs when an heir is completely excluded from inheritance due to the presence of another heir.
✿ Example:
A grandson is deprived of inheritance due to the presence of a son, and a grandfather is deprived due to the presence of a father.
☞ This type of Ḥajb can apply to all heirs except the parents, spouses, and children, who can never be entirely excluded from inheritance.
❖ Principles for Determining Ḥajb Ḥirmān:
① The one through whom an heir is connected to the deceased takes precedence.
For example:
If the father is alive, the grandfather is deprived of inheritance.
② The closer relative blocks the more distant one.
For example:
If the son is alive, the grandson does not inherit.
